Sec. 32. (a) The board of directors of a public transportation
corporation may exercise the power of eminent domain for the condemnation of any interest in real or
personal property for use within the taxing district of the corporation.
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Terms Used In Indiana Code 36-9-4-32
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(c) The board may not institute proceedings until it has adopted an ordinance generally describing the property to be acquired, declaring that the public interest and necessity require the acquisition by the corporation of the property involved, and declaring that the acquisition is necessary for the establishment, development, extension, or improvement of the system. The ordinance is conclusive evidence of the public necessity of the proposed acquisition and that the proposed acquisition is planned in a manner most compatible with the greatest public good and the least private injury.
[Pre-Local Government Recodification Citation: 19-5-2-22 part.]
As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.2-2002, SEC.119.
